tier 4 visa refusal under 245ZV(c) even with AR

[Raikage23]

Dear Readers

I have been a silent reader for this form for a year.

Thank you so much for reading my post and i hope if you could give me some help regarding my case.


I applied for a tier 4 visa on 02/06/2016 and got a refusal letter decision on 09/06/2016 i got 30 point for CAS and the refusal was made on maintenance fund (10 points lost )the letter state :

**ECO comment :

You have claimed 10 points for funds under appendix C of the immigration rules, but the documents you have provided do not demonstrate that you are in a possession of the required level of funds.

your course fees are £6950 and you have paid £6950 toward this fees leaving £0. Additionally you are required to show £11,385 in maintenance giving a total requirement of £11,385.

you made your application as a tier 4 (General) Student migrant on 31/05/2016. the closing date of the bank letter submitted in support of your application is dated on 28/04/2016. this bank letter is dated more than 1 month prior to your application date and as such , we are unable to take this document into account when assessing your funds. Therefore you have not demonstrate that you have the level of funds required to be granted as a tier 4 (General) student migrant. Additionally the letter only shows the amount of one day period as required by the immigration rules.

I am therefore not satisfied that you have achieved 10 points under paragraph 10 to 14 of appendix C and do not meet the requirements to be granted entry clearance under Tier 4 (General) student. I therefore refuse your application under paragraph 245ZV(c) of the Immigration rules.***

when i read the letter carefully i noticed that i have wrongly submitted the old Translation of my bank letter (dated 28/04/2016) while the original bank letter was dated on 19/05/2016 which is less than 1 month. I was shocked by how i was stupid because i did not check the dates of my documents and i did have the translation of the bank letter dated on 19/05/2016 and stating that '''the amount of £13.964 was kept in my account since 01/04/2016 until date of the present''' .
Moreover the original letter is dated 19/05/2016 but i think because the translated document was on 28/04/2016 they did not bothered to see the date and based on that they refuse.

On 24/06/2016 I applied for an administrative Review and i got a decision by email on 19/07/2016 stating :

Dear Mr *******

Administrative Review under the Points-based System (PBS)

You applied for entry clearance to the United Kingdom under Tier 4 of the Points Based System. Your application failed to meet the qualifying criteria and was refused on 09/06/2016. Your request for Administrative Review was received by this office on 24/06/2016.

I have reviewed your application and I am satisfied that the decision to refuse you entry clearance was correct. Details of my decision are attached with this letter (Points Summary Document).


Yours sincerely,

MS
Administrative Reviewer









Points Summary Document

CAS Original Points awarded AR Points awarded
30 30 30
ECM Comment:
The points awarded stand.


Maintenance Original Points awarded AR Points awarded
10 0 0
ECM Comment:
Your application was refused because the ECO was not satisfied that you had demonstrated that you had held the required level of funds for the requisite 28 day period. The bank letter you submitted with your application was dated 28 April 2016 and was older than one month prior to your application on 31 May 2016. I have carefully reviewed your application in the light of you request and can find no evidence of a further bank letter dated 19 May 2016.

I am satisfied that the ECO made no error and the points awarded stand.

English language requirement – unable to show proficiency at interview
ECM Comment:

Not applicable

The Entry Clearance Officer must be satisfied that the applicant is a genuine student
ECM Comment:

Not assessed

General Grounds for Refusal
ECM Comment:

Not applicable.


So even the administrative reviewer did not see the original bank letter dated on 19/05/2014 or because it is french they ignore it because they can not understand french.

when i contacted my uni and ask them to make a new visa application they said the can not issue me a new CAS because Every visa refusal counts against the University’s licence as a Tier 4 sponsor, therefore we do not see issuing a new CAS as a viable option for the University.

Now i have found an other university,my question is if i make a new visa application with a new university with all the documents satisfying the UKVI regulations do i have a chance to get the visa OR NOT ??

i know it is a long post and i appreciate your time and attention and i hope if you can give me a key to make question or even a good solution

Thank you

[vinny]

when i read the letter carefully i noticed that i have wrongly submitted the old Translation of my bank letter (dated 28/04/2016) while the original bank letter was dated on 19/05/2016 which is less than 1 month.

Did you explain why the date of the translation of the original bank statement was prior to the date of the original bank statement?

[Raikage23]

It wasn't me who did the Administrative Review it was an immigration consultant of the University

[Raikage23]

when i read the letter carefully i noticed that i have wrongly submitted the old Translation of my bank letter (dated 28/04/2016) while the original bank letter was dated on 19/05/2016 which is less than 1 month.

Did you explain why the date of the translation of the original bank statement was prior to the date of the original bank statement?

It wasn't me who did the Administrative Review it was an immigration consultant.

[Greenie]

your new application will be based on its merits. you need to declare the refusal in the visa application.

[Raikage23]

your new application will be based on its merits. you need to declare the refusal in the visa application.

Thank you for your reply greenie.
I am aware of that could you please give me some advice to explain my refusal position?

Thank you

[Greenie]

sorry not sure what you are asking?

[Raikage23]

sorry not sure what you are asking?

I'm asking in the application should I explain why my visa refused on the first place?

[Greenie]

yes just say refused as evidence of maintenance was too old at time of application

[Raikage23]

yes just say refused as evidence of maintenance was too old at time of application

Thank you very much for your reply.
I'm also wondering if this refusal might affect my next application?

[Greenie]

no it should have no bearing on this application

[Raikage23]

no it should have no bearing on this application

I hope so....Thank you for your time and advice i appreciate it